Gideon Breitz

National Labor Relations Board - Board Decisions

Jul 24, 1950

90 N.L.R.B. 1230 (N.L.R.B. 1950)

In the Matter of GIDEON BREITZ, EMPLOYER AND PETITIONER and THE
FUEL DEALERS EMPLOYEES ASSOCIATION and COAL, GASOLINE & FusL
OIL TEAMSTERS, CHAUFFEURS & HELPERS, LOCAL No. 553, INTER-
NATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSE-.
MEN AND HELPERS OF AMERICA, AFL, UNIONS
Case No. 0-RM-16O.Decided July ^?4, 1950
DECISION AND DIRECTION OF ELECTION
Upon a petition duly filed under Section 9 (c) of the National
Labor Relations Act, a hearing was held before Ruth Smalley, hear-
ing officer. The hearing officer's rulings made at the hearing are
free from. prejudicial error and are hereby affirmed.
Pursuant to the provisions of Section 3 (b) of the Act, the Board
has delegated its powers in connection with this case to a three-
member panel [Members Houston, Reynolds, and Murdock].
Upon the entire record in this case, the Board finds:
1. The Employer is an individual licensed by the New York Public
Service Commission as a carrier of coal, having his sole place of
business at West Hempstead, New. York. He is exclusively engaged
as the sole contract carrier for Nassau Mutual Fuel Co., Inc.' Dur-
ing 1949, the Employer received approximately $25,000 for delivering
the bulk of the $347,109.72 worth of bituminous coal sold by the Nassau
Company, 82.3 percent of which represented sales to customers stip-
ulated to be. engaged in commerce or industries affecting commerce.
These customers include the Grumman Aircraft Corporation which
purchased $91,455.28 worth of bituminous coal in 1949, as well as
various commercial greenhouses shipping bulbs and flowers outside
the State. All the coal came from the sources outside the State of New
York. All deliveries of coal were made within the State.
The Employer contends that he is engaged in a business which
affects interstate commerce. The Independent agrees with the Em-
ployer's contention; the Teamsters contends that the Board should
refuse to assert jurisdiction over the Employer's business.
' See Nassau Mutual Fuel Co., Inc ., 90 NLRB 1233, in which the Board asserts juris-
diction over that company.
90 NLRB No. 181.
1230
GIDEON BREITZ' 1231
It appears that because of the sole contract carrier relationship with
the Nassau Mutual Fuel Co., Inc., the Employer's business forms an
integral part of the distribution of sales of bituminous coal to indus-
trial users engaged in interstate commerce. We are of the opinion,
and find, in view of the facts set out above, that the Employer's
business affects commerce within the meaning of the Act, and that
it will effectuate the policies of the Act to assert jurisdiction in this
case.'
2. The labor organizations involved claim to represent certain em-
ployees of the Employer.3
3. A question affecting commerce exists concerning the represen-
tation of employees of the Employer within the meaning of Section 9
(c) (1) and Section 2 (6) and (7) of the Act.
4. The following employees of the Employer constitute a unit
appropriate for purposes of collective bargaining within the mean-
ing of Section 9 (b) of the Act :
All coal truck drivers at the Employer's West Hempstead, New
York, business, excluding guards, watchmen, professional employees,
all other employees, and all supervisors as defined in the Act.
DIRECTION OF ELECTION 4
As part of the investigation to ascertain representatives for the
purposes of collective bargaining with the Employer, an election by
secret ballot shall be conducted as early as possible, but not later
than 30 days from the date of this Direction, under the direction and
supervision of the Regional Director for the Region in which this
case was heard, and subject to Sections 203.61 and 203.62 of Na-
tional Labor Relations Board Rules and Regulations, among the
employees in the unit found appropriate in paragraph numbered 4,
above, who were employed during the payroll period immediately
preceeding the date of this Direction of Election, including employ-
ees who did not work during said payroll period because they were ill
or on vacation or temporarily laid off, but excluding those employees
who have since quit or been discharged for cause and have not been
2 Ibid.
8 The Teamsters asserts that The Fuel Dealers Employees Association is not a labor
organization within the meaning of the Act. We find no merit in this contention. The
record shows that The Fuel Dealers Employees Association has held meetings, adopted a
constitution, admitted members, and that it exists for the purpose of bargaining collectively
with employers in respect to wages, hours, and working conditions. R. J. Reynolds Tobacco
Company, 88 NLRB 600; DeMay's Inc., 81 NLRB 1.374.
' Either participant in the election directed herein, may upon its prompt request to, and
approval thereof by, the Regional Director, have its name removed from the ballot.
1232 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
rehired or reinstated prior to the date of the election, and also exclud-
ing employees on strike who are not entitled to reinstatement, to de-
termine whether they desire to be represented, for purposes of col-
lective bargaining, by The Fuel Dealers Employees Association, an
Independent, or by Coal, Gasoline & Fuel Oil Teamsters, Chauffeurs
& Helpers, Local Union No. 553, International Brotherhood of Team-
sters, Chauffeurs, Warehousemen and Helpers of America, AFL, or
by neither.